This case was last updated from Los Angeles County Superior Courts on 10/29/2022 at 06:20:01 (UTC).

MESOMA OKAMMELU ET AL VS KAISER FOUNDATION HOSPITALS SOUTHER

Case Summary

On 12/20/2017 MESOMA OKAMMELU filed a Personal Injury - Medical Malpractice lawsuit against KAISER FOUNDATION HOSPITALS SOUTHER. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are HOLLY E. KENDIG and PETER A. HERNANDEZ. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7636

  • Filing Date:

    12/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOLLY E. KENDIG

PETER A. HERNANDEZ

 

Party Details

Plaintiffs

EDOSIO IRORO L. AND INDIVIDUALLY

EDOSIO IRORO L.

Defendants

SOUTHERN CALIFORNIA PERMANENTE MEDICAL

KAISER FOUNDATION HOSPITALS

Minor

OKAMMELU MESOMA

Guardian Ad Litem and Plaintiff

EDOSIO IRORO L.

Attorney/Law Firm Details

Plaintiff Attorney

MICHELS PHILIPS

Defendant Attorneys

LAW YUK K. ESQ.

LAW YUK KWONG ESQ.

Other Attorneys

MICHELS PHILIP

 

Court Documents

Notice of Case Reassignment/Vacate Hearings

8/28/2018: Notice of Case Reassignment/Vacate Hearings

Other - - OTHER - COMPLICATED CASE TRANSFER INFORMATION

8/29/2018: Other - - OTHER - COMPLICATED CASE TRANSFER INFORMATION

Opposition - OPPOSITION PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

8/13/2019: Opposition - OPPOSITION PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

Objection - OBJECTION PLAINTIFFS' OBJECTIONS TO DEFENDANTS' EVIDENCE RE MSJ/MSAI

8/13/2019: Objection - OBJECTION PLAINTIFFS' OBJECTIONS TO DEFENDANTS' EVIDENCE RE MSJ/MSAI

Opposition - OPPOSITION PLAINTIFF'S EVIDENCE IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

8/13/2019: Opposition - OPPOSITION PLAINTIFF'S EVIDENCE IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Response - RESPONSE PLAINTIFFS' RESPONSE TO DEFENDANTS' SEPARATE STATEMENT OF MATERIAL FACTS AND PLAINTIFFS' STATEMENT OF ADDITIONAL MATERIAL FACTS

8/13/2019: Response - RESPONSE PLAINTIFFS' RESPONSE TO DEFENDANTS' SEPARATE STATEMENT OF MATERIAL FACTS AND PLAINTIFFS' STATEMENT OF ADDITIONAL MATERIAL FACTS

Reply - REPLY REPLY TO OPPOSITION TO MSJ

8/22/2019: Reply - REPLY REPLY TO OPPOSITION TO MSJ

Reply - REPLY REPLY TO PLAINTIFF'S EVIDENTIARY OBJECTIONS

8/22/2019: Reply - REPLY REPLY TO PLAINTIFF'S EVIDENTIARY OBJECTIONS

Objection - OBJECTION EVIDENTIARY OBJECTIONS

8/23/2019: Objection - OBJECTION EVIDENTIARY OBJECTIONS

Response - RESPONSE PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO EVIDENCE

8/23/2019: Response - RESPONSE PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO EVIDENCE

Objection - OBJECTION PLAINTIFFS OBJECTIONS TO DEFENDANTS REPLY EVIDENCE RE MSJ / MSAI

8/23/2019: Objection - OBJECTION PLAINTIFFS OBJECTIONS TO DEFENDANTS REPLY EVIDENCE RE MSJ / MSAI

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT;)

8/27/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT;)

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

8/27/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Order - ORDER ON THE COURT'S MODIFIED TENTATIVE RULING

8/29/2019: Order - ORDER ON THE COURT'S MODIFIED TENTATIVE RULING

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER;)

8/29/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER;)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER;) OF 08/29/2019, COURT'S MODIFIED TENTATIVE RULING

8/29/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER;) OF 08/29/2019, COURT'S MODIFIED TENTATIVE RULING

Notice of Settlement

12/9/2019: Notice of Settlement

Order to Show Cause re: Dismissal (Settlement)

12/9/2019: Order to Show Cause re: Dismissal (Settlement)

50 More Documents Available

 

Docket Entries

  • 12/21/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court

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  • 12/21/2020
  • Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 09/21/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Non-Appearance Case Review (ReDeposit of Funds) - Not Held - Vacated by Court

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  • 05/28/2020
  • DocketProof of Service (not Summons and Complaint); Filed by IRORO L. EDOSIO (Plaintiff); Edosio, Iroro L. and individually (Plaintiff)

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  • 05/28/2020
  • DocketRequest for Dismissal; Filed by IRORO L. EDOSIO (Plaintiff); Edosio, Iroro L. and individually (Plaintiff); Mesoma Okammelu (Legacy Party)

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  • 05/15/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Non-Appearance Case Review (ReDeposit of Funds) - Not Held - Continued - Court's Motion

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  • 04/23/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Non-Appearance Case Review (ReDeposit of Funds) - Not Held - Continued - Court's Motion

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  • 02/25/2020
  • DocketOrder Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (Miscellaneous); Filed by Edosio, Iroro L. and individually (Plaintiff); IRORO L. EDOSIO (Plaintiff)

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  • 02/20/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Held

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  • 02/20/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Petition to Confirm Minor's Compromise - Held - Motion Granted

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93 More Docket Entries
  • 02/02/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/23/2018
  • DocketSummons; Filed by Clerk

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  • 01/23/2018
  • DocketSummons Issued; Filed by Clerk

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  • 01/23/2018
  • DocketSUMMONS

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  • 01/09/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 01/09/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 12/20/2017
  • DocketComplaint Filed

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  • 12/20/2017
  • DocketCOMPLAINT FOR DAMAGES 1) NEGLIGENCE ON BEHALF OF IRORO L. EDOSIO; ETC

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  • 12/20/2017
  • DocketComplaint; Filed by null

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  • 10/15/2015
  • Docketat 08:30 AM in Department O; Unknown Event Type

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Tentative Rulings

Case Number: ****7636    Hearing Date: February 20, 2020    Dept: O

Petitioner Iroro L. Edosio’s petition to approve compromise of pending action of minor is GRANTED.

An enforceable settlement of a minor's or incompetent's claim can only be consummated with court approval. (Probate Code ;; 2504, 3500, 3600 et seq.; CCP ; 372.) For this purpose, a petition for approval must be presented to the court. Until it is granted (signed), there is no final settlement. Any settlement agreement therefore is voidable by the minor's guardian ad litem. (Scruton v. Korean Air Lines Co., Ltd. (1995) 39 CA4th 1596, 1603-1605.)

The Probate Code, starting at section 3600, et seq., governs how the settlement proceeds are to be paid. Under section 3601, the Order shall approve payment of reasonable expenses from the settlement. Section 3601(a) provides:

The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that such reasonable expenses (medical or otherwise and including reimbursement to a parent, guardian, or conservator), costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or incompetent person.

With respect to attorney’s fees as expenses from the settlement:

(1)In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.

(2)The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.

(CRC 7.955(a).)

Petitioner moves for approval of compromise of minor, Mesoma Okammelu, for $2,007,797.58. The compromise appears fair and reasonable. Attorney’s fees total $440,342.82, additional preparation of trust costs total $46,647.86, and medical expenses total $5,211.74.

Accordingly, petition is GRANTED.



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